Gregory v. Winston's adm'r

Citations

• 23 Va. 102

Syllabus

<p>1. J.held an estate for her widowhood, in a tract of land, remair.der to the children of her husband; two of whom were by her. Her son R. used her money, with her concurrence, to buy the interests of the remaindermen in the land, and took the conveyances to himself. Upon the evidence in the cause, held that the money so used by B. was intended as an advancement by his mother to him.</p> <p>2. A woman about to he married, may dispose of her fortune as she pleases; provided it is done with proper motives, and without an intention to deceive her intended husband.</p> <p>3. The equity which arises in cases of this nature, depends upon the peculiar circumstances of each ease, as hearing- upon the question whether the facts proved do or do not amount to sufficient evidence of fraud practised on the husband.</p> <p>4. The grounds upon which such transactions are invalidated, as against the husband, is the fraud of the wife.</p> <p>5. Although a settlement by the intended wife is voluntary, and not disclosed to the intended husband, it is not, therefore, necessarily fraudulent. The court will consider the nature of the provision, the situation of the husbaud in point of pecuniary means, and any other facts which tend to show that no fraud was intended.</p> <p>6. It is clear that an obligation founded on a valuable consideration, executed bona fide pending a treats’- for marriage, cannot be set aside merely because it is concealed from the husband.</p> <p>7. The equity in favor of the husband does not arise, unless it can be clearly made out, that at the túne of the conveyance of her property by the wife there was an engagement of marriage between them.</p> <p>8. In this case a bond is given for the purchase money of land, and the deed of trust to secure it recites the bond; and that, as well as the conveyance to her, are immediately put upon record. This does not indicate any expectation or desire to keep the transaction concealed from the intended husband.</p> <p>9. B.